Point of Law: Election Law - Voter identification - Respondents to obtain the declaration of all the ASD voters, in terms of Section 31 of Representation of Peoples Act, 1951 - Respondents shall also get the signature and thumb impression of all the ASD voters respondents are also directed to ensure that sufficient Central and State forces are deployed in all the polling booths, especially in any polling booths found to be in a disturbed area, to ensure the directions contained above and also ensure safety of the polling agents of all the political parties and also make arrangements for the presence of polling agents of all the political parties in the polling stations.

JUDGMENT :

S. MANIKUMAR, J.

1. Instant public interest writ petition has been filed seeking the following reliefs:

“(i) Issue a Writ of Mandamus or any other appropriate writ or order directing or commanding the respondents to take immediate actions in pursuance of Exhibit P-4, Exhibit P4(a), Exhibit P4(c) and Exhibit P4(d) letters and Exhibit P2 and Exhibit P2(a) Cds sent by the petitioner to the respondents and rectify the electoral roll published for the election to the Kerala Legislative Assembly, which is scheduled to be held on 6th April 2021, by deleting or freezing fake/multiple votes proved from the list furnished by the petitioners by way of producing CDs and also to ensure that those fake/multiple entry voters are not permitted to vote in the election in any polling booths.

(ii) to initiate appropriate criminal actions against those who are responsible for, including those who aided and abetted in breach of official duty in connection with the preparation of electoral roll which facilitated fake/multiple entries in the electoral roll published for the election to the Kerala Legislative Assembly scheduled to be held on 6th April 2021.”

2. Short facts leading to filing of the writ petition are as hereunder:-

Petitioner is the MLA representing Harippad Assembly Constituency and the Leader of Opposition in the Kerala Legislative Assembly.

According to the petitioner, being a responsible public functionary, as the Leader of Opposition in the Kerala Legislative Assembly, he is highly aggrieved by the gross lethargy and inaction of the respondents, in not taking any action in pursuance of Ext.P4 series letters sent to them, in rectifying the large double/bogus votes in the electoral roll published for the election to the Kerala Legislative Assembly, which is scheduled to be held on 06.04.2021.

Petitioner has submitted that the Chief Electoral Officer, Kerala, the 2nd respondent, has admitted that the serious allegations of fake/multiple votes, illegally enrolled in the electoral rolls, as alleged by the petitioner, are true and genuine, which is evident from Ext.P5 series newspaper reports. The respondents have not shown the courtesy to send any reply to the very serious issue raised by the petitioner in Ext.P4 series letters.

Petitioner has further submitted that a scrutiny of Ext.P2 Compact Disc would prove more than 4,34,042 fake/multiple entry votes spreading over 131 Assembly constituencies have already been detected. Unless those fake/multiple entry voters are restrained from participating in the poll, and criminal action is launched against those who are responsible for fake/multiple entries and punished in accordance with law, far reaching consequences will be caused to the electoral system.

3. Being aggrieved instant writ petition is filed, on the following grounds:-

(a) The respondents have committed serious illegality in not acting in pursuance of Exhibit P4 series letters sent by the petitioner regarding the fake/double entries in the electoral rolls, which is proved from documentary evidence and CD produced.

(b) Unless the final electoral roll published for the ensuing election to the Kerala Legislative Assembly is rectified by deleting or freezing the double/fake voters and initiated criminal action against those who are responsible for this serious criminal acts, it would result far reaching consequences to the electoral system.

(c) Exhibit P-2 and Exhibit P2(a) Compact Discs (CDs) would prove glaring manipulations made in the preparation of final electoral rolls, which alone is sufficient enough for issuing an order to delete or freeze proven double voters from the electoral roll. It is trite law under Representation of People Act, that multiple exercise of franchise would in effect make both votes void. Permitting a voter to exercise multiple vote would be a negation to the rule of law.

(d) There is no justification